Judges order waste firm re-hire drunk garbo

A Portuguese court has ordered that a rubbish collector sacked for being drunk on the job be reinstated, arguing that intoxicated garbos appear happier to the people they serve.

The three-judge panel from a Porto court also ordered the waste collection company to pay the man 14 months-worth of back-pay, Reuters reports.

"It is to be noted that with alcohol, the worker may forget about life's hardships ... and the public may even consider that this happy worker is a very efficient, excellent and quick remover of scrap," a judgement in the court's website said without naming the man involved or his employer.

The panel ruled that the worker had not violated any rules because his employer had no written regulations on drinking alcohol.

The court actions was sparked by an incident in February 2012 when the trash collector, who was working as a helper on a scrap removal truck, was involved in an accident.

The men were both found to have high levels of alcohol in their blood and were fired .

The driver did not appeal his dismissal.

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While the judges agreed it would be inappropriate for the driver to be drunk they said they did not accept that it was "common sense that a 'garbage man' cannot have a beer for lunch and then go to work, or drink a lot more, depending on his functions."

The judges recommend the employer set an acceptable blood alcohol limit rather than prohibiting the consumption of alcohol altogether.